AB 62

Under current law, with certain limited exceptions, civil violations of the

elections, ethics, and lobbying regulation laws and of all other laws arising from or

in relation to the official functions of the subject of an investigation or any matter

that relates to elections, ethics, or lobbying regulation that are alleged to be

committed by a resident of this state are prosecuted by the Government

Accountability Board or by the district attorney for the prosecutorial unit (in most

cases, the county) where the subject resides. With similar exceptions, civil violations

of these laws by nonresidents are prosecuted by the board or by the district attorney

for the prosecutorial unit where an alleged violation occurs. Criminal violations of

these laws are prosecuted solely by the same district attorney, subject to the same

exceptions. With certain limited exceptions, the trial in any such civil or criminal

prosecution of a resident of this state, as well as in any lobbying license revocation

action brought by the board, is held in circuit court for the county where the subject

resides. With similar exceptions, the trial in any such civil or criminal prosecution

of a nonresident of this state is held in circuit court for the county where an alleged

violation occurs.

This bill provides, with similar exceptions, that all such civil violations shall be

prosecuted by the board or by the district attorney for the prosecutorial unit where

an alleged violation occurs, irrespective of the residence of the defendant. The bill

also provides, with similar exceptions, that all such criminal violations shall be

prosecuted solely by the district attorney for the prosecutorial unit where an alleged

violation occurs, irrespective of the residence of the defendant. In addition, the bill

provides, with limited exceptions, that the trial in any such civil or criminal

prosecution, as well as in any lobbying license revocation action brought by the

board, shall be held in circuit court for the county where the alleged violation occurs.

Under the bill, the board has no responsibility for prosecution of any violations other

than violations of the elections, ethics, and lobbying regulation laws.

The bill also deletes a statutory restriction on the disclosure of certain

information related to the investigation or prosecution of laws arising from or in

relation to the official functions of the person who is investigated or prosecuted.

Under the bill, the information may still be withheld if other laws authorize or

require the information to be withheld or if the custodian can demonstrate that the

public interest requires withholding.